We have a trained in-house CEDR accredited Mediator at Peach Law.
If you are entrenched in a dispute, we can act as an impartial third party in order to facilitate a settlement taking consideration of commercial interests and aims to enable both sides to walk away believing they have gained from the process.
If negotiations are successful a legally binding agreement can be entered into. If, however, it is unsuccessful, the parties can still proceed to litigation.
Using a mediator can reduce the stress and cost of litigation.
The mediation process is broadly as follows:
- prior to mediation the parties will exchange case summaries and supporting documents with each another and provide copies to the mediator.
- the mediation usually starts with a joint meeting, at which the mediator sets the ground rules and each party may make an opening statement outlining the key issues.
- there will then be a series of private meetings, in confidence, with the mediator trying to establish what each party really thinks about their case and understand what the drivers are for settlement.
- the mediator will go between the parties and reveal what they have been authorised to reveal to try and bring the parties closer together in terms of their settlement expectations.
- there may be another joint meeting, to understand how far the parties have moved
- if successful, the mediator will put forward the agreed solution
- the agreement will be drawn up and once it has been signed, it is binding.
We are also involved in workplace mediation where we act as an impartial third party between two employees or groups or even employee/employer.
Mediators do not make judgments or determine the outcome – they ask questions that help to uncover the problems and then assist the parties to understand the issues and help the parties to come to a resolution.
Often employees focus on how they were wronged in the past but a mediator, whilst recognising any frustrations will try and help the parties move forward and focus on the working relationship in the future.